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A Riparian and Wetland Setback Plan developed to meet these regulations will be coordinated and combined with the Post-Construction Water Quality Plan and the Construction Site Conservation Plan that are developed for the same site. These plans will be titled and numbered in one consecutive sequence to make a Comprehensive Storm Water Management Plan for the site. The Comprehensive Storm Water Management Plan so developed will serve as the Storm Water Pollution Prevention Plan (SWP3) required by Ohio EPA as part of the NPDES Storm Water Permit for General Construction.
(Ord. 2006-67. Passed 3-7-06.)
The provisions of this Chapter shall apply to:
(a) Development Areas. All development areas having new or relocated projects involving highways, underground cables, pipelines, property subdivision/property/parcel splits, industrial projects, commercial projects, building activities on farms, redevelopment of urban areas and all other land uses not specifically exempted. The provisions of this chapter do not apply to:
(1) Land disturbing activities related to producing agricultural crops or silviculture operations regulated by the Ohio Agricultural Sediment Pollution Abatement Rules (OAC 1501: 15-3-01 to 1501: 15-3-09) and existing at the time of passage of this regulation.
(2) Strip mining operations regulated by Chapter 1513 of the Ohio Revised Code and existing at the time of passage of this regulation.
(3) Surface mining operations regulated by Chapter 1514 of the Ohio Revised Code and existing at the time of passage of this regulation.
(b) Plan and Permit Applications. The following development plan and permit processes and procedures for development areas that are located in the City of North Olmsted and that include or border, in part or in whole, designated watercourses and wetlands as defined in these regulations:
(1) These regulations shall apply to property subdivision/property/parcel split plan approvals, site plan approvals, and land development plan approvals requested of the City.
(2) These regulations shall apply to all building permits, which involve soil disturbing activities.
(3) The City shall issue no approvals or permits without full compliance with the terms of these regulations.
(Ord. 2006-67. Passed 3-7-06.)
(a) Designated watercourses shall include those watercourses meeting any one of the following criteria:
(1) All watercourses draining an area greater than ½ square mile, or
(2) All watercourses draining an area less than ½ square mile and having a defined bed and bank.
(3) In determining if watercourses have a defined bed and bank, the City may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary.
(b) Riparian setbacks on designated watercourses are established as follows:
(1) A minimum of 300 feet on both sides of all watercourses draining an area greater than 300 square miles.
(2) A minimum of 120 feet on both sides of all watercourses draining an area greater than 20 square miles and up to and including 300 square miles.
(3) A minimum of 75 feet on both sides of all watercourses draining an area greater than one half square mile and up to and including 20 square miles.
(4) A minimum of 25 feet on both sides of all watercourses draining an area less than one half square mile and having a defined bed and bank as determined above.
(c) Riparian Setback Map.
(1) The City shall use the latest edition of the official soil survey that shows drainage features, on the paper maps in the back of the book, as the map identifying designated watercourses and their riparian setbacks. The drainage features identified on the paper maps in the official soil survey and the information contained therein shall be believed to be accurate.
(2) At the time of application of this regulation, if any discrepancy is found between the Riparian Setback Map and the criteria for designated watercourses or riparian setbacks as set forth in these regulations, the criteria shall prevail.
(3) In reviewing and interpreting the maps the City may consult with a representative of the Cuyahoga SWCD and other technical experts as necessary. (Ord. 2006-67. Passed 3-7-06.)
Wetland setbacks are established as follows:
(a) A minimum of 120 feet surrounding and including all Ohio EPA Category 3 Wetlands, or current equivalent Ohio EPA classification.
(b) A minimum of 75 feet surrounding and including all Ohio EPA Category 2 Wetlands, or current equivalent Ohio EPA classification.
(Ord. 2006-67. Passed 3-7-06.)
(a) No Change to Parcel Boundaries or Land Use Change.
(1) Upon filing a request for a building permit that does not involve changing of any parcel boundaries, or changes in land use, the applicant will check for indicators of wetlands on the National Wetlands Inventory maps, and Ohio Wetlands Inventory map, and the Cuyahoga County Wetlands Inventory (if applicable). A photocopy of the applicable section of each map will be attached to the permit application.
(2) If a potential wetland is shown on any of the maps or if there is reason for the City to believe that an unmapped wetland exists on or within 120 feet of the project site the applicant will retain a qualified wetland professional to evaluate the proposed project site for wetlands or wetland buffer areas. If no wetland or wetland buffer areas are found, the applicant shall submit a letter from the qualified wetland professional with the preliminary plat or permit application verifying his or her negative findings.
(b) New Residential or Commercial or Other Type Development and Projects Involving a Change to Parcel Boundaries or a Land Use Change.
(1) Upon filing a request for approval of a preliminary plat or building permit for new residential, commercial or other type of development that involves changes in any parcel, boundaries or changes in land use, the applicant or his or her designated representative shall retain a qualified wetland professional to survey the proposed development site for wetlands. If no wetlands are found, the applicant or his or her designated representative shall submit a letter with the preliminary plat or permit application verifying that a qualified wetland professional has surveyed the site and found no wetlands.
(2) If wetlands are found, the following procedures shall be followed. A qualified wetland professional, acceptable to the City Engineer, shall determine the presence of Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) on the proposed development site using the latest version of the Ohio Rapid Assessment Method for wetland evaluation approved at the time of application of this regulation. Acceptance of this determination shall be subject to approval by the City Engineer
(3) If Ohio EPA Category 2 or 3 wetlands (or current equivalent Ohio EPA classification) are located on the proposed development site, the applicant or his or her designated representative shall delineate these wetlands and the wetland setback in conformance with these regulations. The applicant or his or her designated representative shall identify all delineated wetlands and their associated setbacks on all property subdivision/property/parcel split plans, land development plans, and/or permit applications submitted to the City.
A. Wetlands shall be delineated by a site survey, approved by the City, using delineation protocols accepted by the US Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
B. Wetland setbacks shall be delineated through a metes and bounds, or higher level, survey subject to approval by the City.
(4) Prior to any soil or vegetation disturbing activity, the applicant or his or her designated representative shall delineate wetland setbacks on the development site in such a way that they can be clearly viewed, and such delineation shall be maintained throughout construction.
(5) No approvals or permits shall be issued by the City prior to delineation of wetland setbacks in conformance with this regulation.
(c) Upon Completion of an Approved Property Subdivision/Property/Parcel Split, Commercial Development or Other Land Development or Improvement. Upon such completion, riparian and wetland setbacks shall be permanently recorded on the plat records for the City and shall be maintained as open space thereafter through a permanent conservation easement granted to a third party, that is not the landowner, permittee or the City, and which is allowed by State law to be granted conservation easements. If no such third party will accept the conservation easement, the City shall accept it and protect it in perpetuity.
(Ord. 2006-67. Passed 3-7-06.)
(a) Prior to any land clearing or soil disturbing activity, riparian and wetland setbacks shall be clearly delineated on site by the applicant or his or her designated representative, and such delineation shall be maintained throughout soil disturbing activities.
(b) No approvals or subdivision plan approval, site plan approval, nor land development plan approval shall be issued by the City prior to on-site delineation of riparian and wetland setbacks in conformance with these regulations. No building permits which include land clearing or soil disturbing activities shall be issued by the City prior to delineation of riparian and wetland setbacks in conformance with these regulations.
(c) Upon completion of an approved property subdivision/property/parcel split, land development, or other improvement, riparian and wetland setbacks shall be permanently recorded on the plat records of the City.
(Ord. 2006-67. Passed 3-7-06.)
(a) Riparian and wetland setbacks shall be measured in a perpendicular and horizontal direction outward from the ordinary high water mark of each designated watercourse and defined wetland boundary.
(b) Except as otherwise provided in this regulation, riparian and wetland setbacks shall be preserved in their natural state, except that nonconforming structures and nonconforming uses existing at the time of passage of this regulation may be continued in their existing state as determined in the Section 926.13 of this Chapter. Riparian setbacks shall be established and marked in the field prior to any soil disturbing or land clearing activities.
(c) Where the 100-year floodplain is wider than a riparian setback on either or both sides of a designated watercourse, the riparian setback shall be extended to the outer edge of the 100-year floodplain. The 100-year floodplain shall be determined by the project engineer conducting a hydrologic analysis of the project area in conformance with standard engineering practices and approved by the City Engineer.
(d) Where wetlands are identified within a riparian setback, the minimum riparian setback width shall be extended to the outer boundary of the wetland. In addition, wetlands shall be protected to the extent detailed in these regulations.
(e) Wetlands shall be delineated by a site survey approved by the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this regulation. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol that results in the most inclusive area of wetland shall apply.
(f) The applicant or his or her designated representative shall be responsible for delineating riparian and wetland setbacks, including any expansions or modifications as required by these regulations, and identifying these setbacks on all subdivision/property/parcel, commercial development or other land development plans, and/or building permit applications submitted to the Community. This delineation may be done by a metes and bounds, or higher level, survey and shall be subject to review and approval by the City. As a result of this review, the City may consult with a representative of the Cuyahoga SWCD or other technical experts as necessary.
(Ord. 2006-67. Passed 3-7-06.)
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